Roundup: Mandate letters and the minister for everything

Yesterday was the day that Justin Trudeau released the mandate letters for his ministers, giving us a glimpse as to what their marching orders will be (which is still a fairly novel transparency and accountability measure in this country, it needs to be said). The National Post counted up some 288 projects listed in those mandates, some of them holdovers from the previous parliament (which isn’t surprising considering that  many of them were fairly ambitious and transformational and were not achievable within four years). But there were also a number of things missing from several of those letters that should have been dealt with – particularly on the justice file.

As with the previous parliament, each of the letters has an identical preamble, advising the ministers to “govern in a positive, open and collaborative way,” because it’s a hung parliament and all of that. In terms of specific points in the letters, there are issues like discussions with province over pharmacare, shortening wait times for airport screenings, tax cuts for green tech companies, reforming the medical assistance in dying laws, advancing international efforts to ban “killer robots,” procuring new fighter jets and modernizing NORAD. One of the more alarming mentions was in Bill Morneau’s letter, advising him to review and possibly modify the financial stress test applied to mortgages, which is a Very Bad Thing, and means that the real estate lobby is winning its air war over the good common sense of the Governor of the Bank of Canada and the Office of the Superintendent of Financial Institutions. (Seriously – there is no excuse for encouraging bad debt).

And then there is Chrystia Freeland’s letter, which is expansive and makes her in essence a “minister of everything” who is assigned to basically work with a number of other ministers to advance their priorities, whether it’s carbon pricing, getting resources to market, breaking down internal trade barriers, facilitating pharmacare talks, working on pan-Canadian childcare, gun control, regional economic development agencies, and advancing reconciliation. This leaves questions as to what exactly Trudeau will be doing while Freeland does all the work – leaving her to either take the fall while Trudeau gets to take the credit. This having been said, it’s just as likely that she wanted a full plate of projects rather than simply spending her weeks heading to provincial capitals to meet with premiers once the New NAFTA is ratified, but she certainly has her work cut out for her, ensuring that enough of these promises are fulfilled before the inevitable early election call that comes in a hung parliament.

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Roundup: A promise weaselled out on

A very important bill has been introduced in the Senate, that has been attempted on more than a few occasions now, and it’s a sign of a promise that the Liberals weaselled out on in the past. The bill? To restore Parliament’s ability to control government borrowing by way of votes – you know, like Parliament is supposed to do as part of their job of holding government to account by means of controlling the public purse. You see, back in the Harper era, they hid the change in one of their massive omnibus budget bills that stripped Parliament of the ability to vote on new borrowing, and instead turned it over to Cabinet. Senators caught it too late, and the bill passed, and whoops, no more ability for Parliament to hold government to account for it any longer. Senator Wilfred Moore introduced a bill to revert this practice on a couple of occasions, and Senator Joseph Day carried on with it in the previous Parliament, and has just reintroduced it in this one.

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The Liberals were all in favour of this back when they were in opposition, and made a big show about promising to restore this to Parliament – and then they weaselled out on it. What they did instead was introduced a debt ceiling of $1.168 trillion, after which Parliament would need to vote to extend it, and said that Cabinet only needed to report to Parliament every three years about the money it has borrowed, starting in 2020. Let me reiterate – they weaselled out of this promise, and at least there are senators who are alive to why this is important for Parliament.

These are principles that go back to Runnymede, and the Magna Carta in 1215, and made more explicit in 1688 when the king wasn’t able to borrow money without Parliament’s consent. The Conservatives broke this important principle of Parliament for their convenience. That the Liberals have refused to act on their promise to restore it is a black mark against them.

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Roundup: Kenney’s shock-and-awe tour

Jason Kenney is in town on his shock-and-awe tour, with eight ministers and countless staff in tow, intent on making the province’s “Fair Deal” case to their federal counterparts – while those federal ministers smile and nod and say “yes, dear.” Meanwhile, certain credulous journalists and columnists are swallowing Kenney’s presentation whole, as he brings charts and graphs and rattles off figures that they don’t bother to question, never mind that he has a well-known and well documented propensity for lying with these very same facts and figures – and then gets terribly indignant if you call him on it, and will keep reiterating them, bulldozing over his doubters. And we’re going to get even more of that during the media rounds later today – mark my words.

To that end, Kenney’s ever-evolving list of demands continue to be largely unreasonable (as said credulous journalists and pundits nod and say “They’re perfectly reasonable” when they’re not) – things like demanding a solid timeline for the completion of the Trans Mountain pipeline (impossible if there are further court challenges, and Kenney is lying when he says there are mechanisms), along with bringing in First Nations as equity partners (there is little point until the project is completed, which was the whole point of buying the pipeline in the first place – to adequately de-risk it); his $2.4 billion demand for “fiscal stabilization,” some of which he plans to put into remediating orphan wells (never mind the Supreme Court has ruled that these are the responsibility of the companies who owned them); substantial repeals of environmental legislation (because the failed system under Harper that only resulted in litigation worked so well); changing rules so that oil and gas companies can raise revenues (reminder: flow-through shares are de facto federal subsidies); and recognising Alberta’s efforts at methane reduction (I’m going with “trust, but verify” on this one, because Kenney likes to lie about the province’s other carbon reduction efforts). So yeah – “perfectly reasonable.” Sure, Jan.

Bill Morneau, for his part, says he’s willing to talk to his provincial counterparts at their upcoming meeting about fiscal stabilization, but isn’t making promises. While the premiers all signed onto this notion at the Council of the Federation meeting last week, it was because it’s federal dollars and not dealing with equalization which could affect their bottom lines – and Kenney’s supposedly “conciliatory” tone in which he says he’s willing to accept fiscal stabilization changes over equalization is likely a combination of the realization that he’s getting to traction from the other premiers, whose support he would need to make any changes, and the fact that Trudeau publicly called Scott Moe’s bluff on equalization reform when he said that if Moe can bring a proposal forward signed off on by all of the premiers then they would discuss it – something that isn’t going to happen. This all having been said, it also sounds a lot like Kenney wants the rest of Canada to bankroll the province for their decision not to implement a modest sales tax which would not only have solved their deficit but would have provided them with the fiscal stability to help weather the current economic hard times – but that’s an inconvenient narrative. Better to drum up a fake separatist threat and try to play the hero instead.

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Roundup: Lowest cost and least economically-damaging

The Ecofiscal Commission released their final report yesterday, and said that Canada will have to increase carbon prices to $210 per tonne by 2030 is the cheapest and most effective way to reach our climate targets, though certainly not the only way – regulation or subsidies are also possible, but less effective and far more costly. Increasing carbon prices would also mean increased rebates under the current federal backstop (but provinces could certainly recycle revenues in other ways, and some provinces could entirely eliminate their income taxes with said revenue), which would have other knock-on economic effects, but for simplicity and cost, they point toward carbon prices. (It’s worth noting that this analysis didn’t cover the output-based pricing system for large emitters, which helps take things like trade-exposure into account to provide those industries more time to adjust).

Predictably, the Conservatives freaked out and started a new round of social media shitposts about how this was the Liberal plan all along, and they would prevent the cost of everything from going up, etcetera, etcetera, but that’s a dishonest position because other models, like regulation and subsidies, drive up the costs just as much, but they tend to be passed onto consumers in a hidden way, whereas straight-up carbon pricing is transparent and makes it easier for consumers to make better choices (which addresses the demand-side of carbon emissions).

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To that end, here is the Ecofiscal Commission’s Chris Ragan making the case in his own words, while Heather Scoffield suggests that premiers Kenney and Ford should be thanking Trudeau for imposing the federal carbon backstop because it’s a less economically damaging way of reducing emissions than their plans to date have been.

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Roundup: Frivolous lawsuits that help no one

Because climate lawsuits on behalf of youths are apparently all the rage, another one has been launched, this time against the Ford government in Ontario, because of their cancellation of the cap-and-trade system and their challenging of the federal carbon price. I can barely even.

So, to recap: Lawsuits are about getting individual remedies, and these actions are not designed to do so. They are using “novel” Charter arguments, which are an abuse of process. It’s also trying to use the courts to impose public policy solutions, which is not the job of the courts. That’s not their function, and trying to use the courts because you lost at politics is not how things work. And further to that point, the courts are already overburdened, and these kind of frivolous suits – and that’s exactly what they are – waste everyone’s time and court resources, and I would fully expect the courts to impose costs on those who brought forward these complaints that waste everyone’s time.

I spent an afternoon on the Twitter machine of being accused of not taking climate action seriously because I made these points about this lawsuit, which is not the case at all. My point – as exemplified by the (very good) lawyer who joined in the fight over Twitter, is that this is a political problem, not a legal one. You don’t use a saw to hammer a nail, which is what this lawsuit is attempting to do. The courts are not the place for this because they can’t force a government to come up with a climate change plan that meets the expectations of scientists – that’s not how life works, and it’s not how democracy works. And sure, young people are frustrated with the slow action so far, but democracy depends on people organising, and that means doing the hard work of getting involved in riding associations, changing party policy though conventions, and agitating internally to do something. And it means organising. I can’t stress this enough – organise, organise, organise. Protest votes won’t get you anywhere – and let’s face it, that’s what Green votes are. That’s how you make change in politics, and the sooner that young people realise this – and you can join parties as young as sixteen and start volunteering and voting on nominations and resolutions – the more you will be effecting meaningful change. (Want to learn more about how that works? Read my book).

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Roundup: More knives for Scheer

Even more knives have come out for Andrew Scheer – on a couple of different flanks. From the social conservatives, Scheer didn’t defend their interests strongly enough in the election and now they want him gone. This in the face of more moderate conservatives looking for him to join the twenty-first century on issues like support for LGBT rights. And then, on Power & Politics, Kory Teneycke – one-time director of communications to Stephen Harper and maestro behind Sun TV – said that Scheer should resign and if he wants his job back, to run for it again in a full-blown leadership contest. What was even more interesting in those comments was his contention that a leadership review is not enough because those are easily enough manipulated by those loyal to the current leader – and he’s right.

The problem, of course, is that so long as we continue to insist on running our leadership contests in this bastardized model, leaders will continue to claim democratic legitimacy to marginalize their caucus, ignore the grassroots, and not face any meaningful accountability, so it’s hard to see how the outcome of such a contest could be any different in the broader scheme of things. There are deep problems that need to be addressed in our parties, but nobody wants to actually say so.

Meanwhile, not only has Scheer fired his chief of staff and his director of communications, but Hamish Marshall, his campaign manager, has come to the end of his contract and it doesn’t sound like he’s interested in renewing it anytime soon. It remains to be seen if this kind of house-cleaning is enough bloodletting for the caucus that remains frustrated by their election loss, but it may not be given the knives that have been out for Scheer in a number of different directions.

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Roundup: Holding up a mythical threat

The first day of the new Cabinet, and Justin Trudeau, along with Chrystia Freeland and Jim Carr, had their first meeting as a group with Calgary mayor Naheed Nenshi, who held up the now-former Bill C-69 as the source of much of the anger in Alberta, and his demands that it be changed. The problem here – and Nenshi acknowledged – is that the pre-existing system that Stephen Harper’s government put into place in 2012 did not work, and Nenshi could list projects being held up by it, which is all the more reason why his strident condemnation of the new assessment system is all the more baffling. Part of the problem here is that the bill – along with the now-former C-48 – have been used as scapegoats for the frustrated economic ambitions of the province. Never mind that C-48 was largely symbolic – there is no pipeline project that would head for the northwest coast of BC, nor is there going to be, and no, Northern Gateway is not going to make a comeback because the obstacles identified by the Federal Court of Appeal were almost certainly insurmountable. And C-69 is in no way a “no more pipelines” law.

I talked to a lot of environmental lawyers on both sides while C-69 was being debated, and the biggest source of unease on the proponent side was the uncertainty as to whether the legislated timelines would have the problem of issues stopping the clock – thus dragging out those timelines – much of which was alleviated when the draft regulations were released. Again, the talk about the carbon budget in the bill was clarified in the regulations, which also alleviated many of their concerns (and caused some on the environmental side ulcers). So while the government is now talking about tweaks to the regulations, that seems more than entirely appropriate for the reality of the situation, and their refusal to scrap the law is entirely rational and just.

The problem becomes fighting the narrative that has been created around this law, and the fact that it has grown into a mythological terror is what they will have to grapple with – and compounding this is the fact that this government has proven itself time and again to be utterly incompetent at communications. For as much as Catherine McKenna did some good work when she was the minister, she kept repeating the tired slogan of “the environment and the economy go together” and other nonsense talking points (and then insisting that she spoke like a regular person), which did nothing to counter the lies being promulgated by Jason Kenney, Andrew Scheer, and others, about what was actually in the legislation. And you can’t fight lies with canned talking points. I wish this government – and the communications geniuses in the PMO most especially – would get that through their heads, which is why trying to placate the anger when it’s being directed at the mythology and not the reality of this legislation is going to be an uphill battle.

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Roundup: Look at all the chimeric ministers

With the usual bit of pomp and circumstance, the Cabinet has been shuffled in advance of Parliament being summoned. It is bigger by two bodies, there are seven new faces, a few new portfolios – and baffling ones at that – a few being folded back into their original ministries, and yes, gender parity was maintained throughout. The Cabinet committees are also getting a shuffle, which gives you a glimpse at what they see the focus will be, and spoiler alert, it’s very domestic and inward-looking – not much of a surprise in a hung parliament where there are few plaudits or seats to be won on foreign affairs files. It’s also no surprise that it’s Quebec and Ontario-heavy, and largely representing urban ridings, because that’s where the Liberals won their seats.

And thus, the biggest headline is of course that Chrystia Freeland has been moved from foreign affairs to intergovernmental affairs, but with the added heft of being named deputy prime minister – the first time this title has been employed since Paul Martin, and Freeland assures us that it’s going to come with some heft and not just be ceremonial. She’s also retaining the Canada-US file, so that there remains continuity and a steady hand on the tiller as the New NAFTA completes the ratification process. It also would seem to indicate that it gives her the ability to keep a number of fingers in a number of pies, but we’ll have to wait for her mandate letter to see what specifics it outlines, though the expectations that she will have to manage national unity in this somewhat fractious period is a tall order. Jonathan Wilkinson moving to environment has been matched with the expected talk about his upbringing and education in Saskatchewan, so as to show that he understands the prairies as he takes on the environment portfolio. Jim Carr is out of Cabinet officially, but he will remain on a Cabinet committee and be the prime minister’s “special representative” to the prairie provinces, which is supposed to be a less taxing role as he deals with cancer treatments (though I don’t see how that couldn’t be a recipe for high blood pressure, but maybe that’s just me). Two other ministers were demoted – Kirsty Duncan, who will become deputy House Leader, and Ginette Petitpas Taylor, who will become the deputy Whip – though it should be noted that both House Leader and Whip are of added importance in a hung parliament.

The opposition reaction was not unexpected, though I have to say the Conservatives’ talking point was far pissier than I would have guessed – none of the usual “we look forward to working together, but we’ll keep our eyes on you,” kind of thing – no, this was bitter, and spiteful in its tone and language. Even Jason Kenney was classier in his response (but we all know that lasts about five minutes). That’ll make for a fun next few years if they keep this up.

As for some of my own observations, I was struck by the need to name a new Quebec lieutenant, given that Trudeau used to say that they had a Quebec general (meaning him), so no need, and lo, did the Conservatives had meltdowns over it. Likewise, there was thought under the previous parliament that they would eliminate all of those regional development ministers and put them all under Navdeep Bains (whose ministry has rebranded again from Industry, to Innovation, Science and Economic Development, and is now Innovation, Science, and Industry), which kept a lot of the kinds of nepotism that was rampant in those regional development agencies at bay. Now Trudeau has hived off the economic development portfolio into its own ministry, to be headed by Mélanie Joly, but she’ll have six parliamentary secretaries – one for each development agency region, which feels like the whole attempt to break those bonds is backsliding. Science as a standalone portfolio was folded back into Bains’ domain, but the very specific project that Kirsty Duncan was tasked with when she was given the portfolio four years ago was completed, so it made a certain amount of sense. Democratic Institutions is gone, folded back into Privy Council Office and any of its functions Dominic LeBlanc will fulfill in his role as President of the Queen’s Privy Council (which is a role that is traditionally secondary to another portfolio). Trudeau continued to keep his Leader of the Government in the Senate out of Cabinet, which is a mistake, but why listen to me? (I’m also hearing rumours that Senator Peter Harder is on his way out of the job, so stay tuned). The fact that David Lametti got a new oath as minister of justice and Attorney General to reflect the recommendations of the McLellan Report was noteworthy. But overall, my biggest observation is that Trudeau is doubling down on the kinds of chimeric ministries that tend to straddle departments, which makes for difficult accountability and confusing lines of authority on files. The most egregious of the new portfolios was the “Minister of Middle Class™ Prosperity,” which is a fairly bullshit title to attach to the fact that she’s also the Associate Minister of Finance, which should have been significant in the fact that it’s the closest we’ve been to a woman finance minister at the federal level, but dressing it up in this performative hand-waving about the Middle Class™ (which is not about an actual class but about feelings) is all the kinds of nonsense that keeps this government unable to communicate its way out of a wet paper bag, and it’s just so infuriating.

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In hot takes, Chantal Hébert sees the move of Freeland as the defining one of this shuffle, and notes that it could either be just what they need, or it could be a kamikaze mission for Freeland. Susan Delacourt sees the composition of the new Cabinet as one that corrects past mistakes and of taking on lessons learned. Robert Hiltz points to the two polarities of this Cabinet – the farce of the Minister of Middle Class™ Prosperity, and the menace of putting Bill Blair in charge of public safety. Paul Wells makes the trenchant observation that carving up ministries across several ministers has the effect of creating multiple redundancies that will make more central control necessary – and I think he’s right about that. (Also, for fun, Maclean’s timed the hugs Trudeau gave his ministers, which didn’t compare to some from 2015).

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Roundup: It’s Cabinet Shuffle Day!

We are now well into Cabinet leak territory, and right now the news is that Chrystia Freeland will indeed be moving – but we don’t know where. We do know that François-Philippe Champagne will replace her at Foreign Affairs, that Pablo Rodriguez will be the new Government House Leader (after we already heard that Steven Guilbeault will take over Canadian Heritage), plus Seamus O’Regan moving to Natural Resources, that Jonathan Wilkinson is taking over Environment and Catherine McKenna will take over Infrastructure. We’re also hearing from Quebec media that Jean-Yves Duclos will take over Treasury Board, and that Mélanie Joly is due for a promotion – but no hint as to what it means otherwise. Still no word on Public Safety, which is a huge portfolio that will need a very skilled hand to deal with in the absence of Ralph Goodale.

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Meanwhile, some of the other roles that Trudeau needs to decide who are not in Cabinet will include the whip, parliamentary secretaries, and considerations for committee chairs (though he won’t have the final say on those as they are ostensibly elected by the committees themselves, and it’s the whips who largely determine who will sit on which committee). Committees are especially important in a hung parliament, so this could mean big roles for those who didn’t make it into Cabinet.

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Roundup: The Cabinet dominoes

With the days counting down until the Cabinet shuffle, the speculation is starting to get intense, and much of it is centred around the fate of Chrystia Freeland and whether Justin Trudeau will keep her in foreign affairs or move her to a more problem-solving domestic portfolio – particularly intergovernmental affairs, and capitalizing on her Alberta upbringing as the regional representative around the table (along with Jonathan Wilkinson as the Saskatchewan representative). One of the considerations is that nobody is quite sure who might take Freeland’s place in the foreign affairs portfolio, and the dominos go from there.

Another consideration is the fact that there will need to be some additional bench strength remaining for the committee chairs, as they will be a bigger battleground in a hung parliament than under a majority, given that the opposition will now hold the majority on them. That will essentially mean that amendments for bills will become a bigger consideration at the committee stage than they were in the previous parliament (to say nothing of what happens with amendments coming from the Senate, now that the Commons can insist on adopting them if the opposition all gangs up). There will be plenty of new dynamics that need to be managed – which is why the positions of House Leader and Whip will be all the more important in this new parliament.

Meanwhile, Heather Scoffield has been imagining mandate letters for incoming ministers, and those released over the weekend include the international trade minister, as well as the social development minister.

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